Pieter Weyts - Page 10




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          Petitioner argues, however, that we should apply the rule in                
          Cohan v. Commissioner, 39 F.2d 540 (2d Cir. 1930), to allow the             
          deduction.  The Cohan rule is invoked in situations where                   
          “Absolute certainty * * * is usually impossible and is not                  
          necessary” and where a close approximation can be made “bearing             
          heavily * * * upon the taxpayer whose inexactitude is of his own            
          making.”  Id. at 543-544.                                                   
               We find the application of the Cohan rule to be                        
          inappropriate in this case.  Section 170(f) was added by the                
          Omnibus Budget Reconciliation Act of 1993, Pub. L. 103-66, sec.             
          13172, 107 Stat. 312.  The House of Representatives proposed to             
          enact section 170(f) due to                                                 
                    Difficult problems of tax administration [that] arise             
               with respect to fundraising techniques in which an                     
               organization that is eligible to receive tax deductible                
               contributions provides goods or services in consideration              
               for payments from donors. * * * the committee believes that            
               there will be increased compliance with present-law rules              
               governing charitable contribution deductions if a taxpayer             
               who claims a separate charitable contribution of $750[2] or            
               more is required to obtain substantiation from the donee               
               indicating the amount of the contribution and whether any              
               goods, service, or privilege was received by the donor in              
               exchange for making the contribution. * * * [H. Rept. 103-             
               111, 1993-3 C.B. 167, 361.]                                            
               To allow petitioner the charitable contribution deduction in           
          the circumstances here would contravene the specific statutory              


               2  The Senate amendment proposed to change the threshold               
          amount to $250.  H. Conf. Rept. 103-213 (1993), 1993-3 C.B. 393,            
          443.  The Senate version was later adopted in conference.  H.               
          Conf. Rept. 103-213, at 445, supra, 1993-3 C.B. at 361.                     





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